Opinions
On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.
6101 - 6200 of 12358 results
|
Bertsch, et al. v. Duemeland, et al. (cross-ref. w/20040055)
2002 ND 32
Highlight: Whether a communication that is capable of a defamatory meaning is understood by the recipient as defamatory is ordinarily a question of fact. |
|
City of Devils Lake v. Lawrence
2002 ND 31 Highlight: An officer's reasonable and articulable suspicion that an individual has committed the offense of disorderly conduct is sufficient to justify a temporary detention of that individual for investigative purposes. |
|
Olson v. Olson
2002 ND 30 |
|
Knutson v. Knutson
2002 ND 29
Highlight: In considering whether a settlement agreement between divorcing parties should be enforced, the trial court should inquire: (1) whether the agreement is free from mistake, duress, menace, fraud, or undue influence; and (2) whether the agreement is unconscionable. |
|
Hughes v. State, et al. (Con. w/20010189 & 20010190)
2002 ND 28
Highlight: Issues raised in the district court but not briefed on appeal are waived. |
|
Red Paint v. State
2002 ND 27
Highlight: A post-conviction relief claim of disclosure of privileged communications is barred by res judicata if it was fully and finally determined in a previous proceeding. |
|
City of Fargo v. Steffan (Consolidated w/20010176)
2002 ND 26
Highlight: The arrest of a person in a public place for a public offense committed in the officer's presence is neither a violation of the United States' nor North Dakota's Constitution. |
|
Grosinger v. M.B.K. (CONFIDENTIAL)
2002 ND 25 Highlight: The phrase "likely to engage in further acts of sexually predatory conduct," used for commitment of sexually dangerous persons, means the person's propensity towards sexual violence is of such a degree as to pose a threat to others. |
|
State v. Roberson
2002 ND 24 Highlight: While a defendant's disruptive conduct in court may, in some instances, be sufficient grounds to require a competency hearing, not all disruptive defendants are incompetent to stand trial. Rather, the conduct may be contempt of court. |
|
Buchholz v. ND Department of Transportation
2002 ND 23 Highlight: A test operator scrupulously complies with the State Toxicologist's approved method to conduct a breath test if the test operator observes that the subject had nothing to eat, drink, or smoke in the twenty minutes prior to the collection of a breath sample. |
|
Ghorbanni v. ND Council on the Arts, et al.
2002 ND 22
Highlight: Presenting a claim letter to an assistant attorney general does not satisfy N.D.C.C. 32-12.2-04(1), which requires that notice of a claim against the State be presented to the Director of the Office of Management and Budget. |
|
Piatz v. ND Dept. of Transportation
2002 ND 20 Highlight: Judgment of the district court affirming the decision of the Department of Transportation suspending driver's license for driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
|
State v. Guy
2002 ND 19 Highlight: Conviction of gross sexual imposition, burglary, robbery, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). |
|
Burke v. State
2002 ND 18 Highlight: Judgment denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2). |
|
State v. Ringsrud
2002 ND 17 Highlight: Judgment of conviction for unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (3). |
|
State v. Randall
2002 ND 16
Highlight: Under N.D.R.Ev. 609 (a)(i), the burden is on the State to point to a danger of prejudice that substantially outweighs the probative value of prior convictions offered by a defendant in a criminal case to impeach a witness for the State. |
|
Judicial Conduct Commission v. Tessmann
2002 ND 15 Highlight: Former municipal judge censured for violation of N.D. Code Jud. Conduct Canon 2, and prohibited from serving as a judge. |
|
State v. Perreault
2002 ND 14
Highlight: A motion to dismiss tests the sufficiency of the information, but does not serve as a device for summary trial of the evidence. |
|
Bender v. Aviko USA L.L.C.
2002 ND 13 Highlight: In opposing a summary judgment motion, a party may not simply rely on unsupported and conclusory allegations or denials in the pleadings, but must, instead, set forth specific facts illustrating the existence of a genuine issue for trial. |
|
Judicial Vacancy in the Northwest District
2002 ND 12 Highlight: Judgeship ordered retained in Minot. |
|
State v. BlackCloud
2002 ND 11 Highlight: Trial court's order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
St. Claire v. State
2002 ND 10 Highlight: A trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of fact and the moving party is entitled to judgment as a matter of law. |
|
Disciplinary Board v. Crary
2002 ND 9 Highlight: A lawyer may not draft a will that includes a substantial testamentary gift to the lawyer or the lawyer's parent, child, sibling, or spouse, unless the client is related to the beneficiary. Disbarment orderd. |
|
City of Fargo v. Tipler
2002 ND 8 Highlight: Juries do not have a right to decide a case contrary to law or fact, but instead, must accept the law from the trial court and apply the law to the facts. |
|
Interest of J.S. (CONFIDENTIAL) (see Docket Memo)
2002 ND 7
Highlight: Before a court may order the extension of a continuing-treatment order it must find the patient is mentally ill, and there is a reasonable expectation that, if not treated, there exists a serious risk of harm to the patient, others, or property. |
|
Disciplinary Board v. Swanson (CON. W/20010161)(CROSS-REF W/990357-990358)
2002 ND 6 Highlight: Disbarment is an appropriate sanction when an attorney violates numerous rules of professional conduct involving a lack of diligence, and the attorney has a prior disciplinary history involving similar conduct. |
|
State v. Palmer (CONSOLIDATED W/20010124,20010125,& 20010126)
2002 ND 5
Highlight: To establish a failure to comply with the statutory process for drawing a jury, the complaining party must provide a factual basis showing the process was prejudicial, actually excluded, systematically excluded, or statistically excluded a fair cross section of the population. |
|
State v. Weaver
2002 ND 4
Highlight: In reviewing a trial court's denial of a motion for judgment of acquittal, the evidence is viewed in the light most favorable to the prosecution and the appellate court determines only whether there is evidence which could have allowed the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. |
|
State v. Marshall (Consolidated w/20010253)
2002 ND 3 Highlight: Denials of N.D.R.Crim.P. 35(a) motion for correction of sentence and N.D.R.Crim.P. 36 motion for correction of a clerical mistake in sentence are summarily affirmed under N.D.R.App.P. 35.1(a)(1). |
|
Terry v. Terry
2002 ND 2
Highlight: A party seeking to set aside a judgment based upon a stipulation must show that, under the law of contracts, there is justification for setting aside the stipulation. |
|
Jaskoviak v. Gruver, et al.
2002 ND 1
Highlight: Evidence submitted with a motion for reconsideration after summary judgment has been granted is untimely. |
|
Disciplinary Board v. Boulger
2001 ND 210 Highlight: A lawyer commits an ethical violation when the lawyer drafts a will for an unrelated client giving the lawyer a contingent bequest of a substantial gift. |
|
Consolidated Telephone v. Western Wireless Corporation, et al.
2001 ND 209
Highlight: Unless the Federal Communications Commission's rulings and regulations have been appropriately challenged in the proper federal forum, a state court is not at liberty to review the FCC's statutory interpretation even if its soundness is doubted, and the state court must apply the rulings and regulations as written. |
|
Dimond v. State Board of Higher Education (Consolidated w/20010155)
2001 ND 208 Highlight: A breach of contract action against the State is governed by the three-year statute of limitations in N.D.C.C. 28-01-22.1. |
|
Gepner, et al. v. Fujicolor Processing, Inc., et al.
2001 ND 207
Highlight: N.D.R.Civ.P. 60(b) is to be liberally construed and applied, and trial courts should be more lenient in granting motions to vacate default judgments than in vacating judgments in cases which have been tried on their merits. |
|
Belgarde, et al. v. Askim, et al.
2001 ND 206 Highlight: Before dismissing a cause of action to sanction a party for destruction of evidence, the trial court must consider the culpability of the party against whom sanctions are being imposed, the prejudice to the party moving for sanctions, and the availability of less severe alternative sanctions. |
|
Interest of M.C.H. (CONFIDENTIAL) (CROSS-REF. W/20010132)
2001 ND 205 Highlight: Juveniles between the ages of seven and fourteen have no common law right to a presumption of incapacity to commit a crime, because the criminal capacity of children between the ages of seven and fourteen has been declared by statute. |
|
City of Fargo v. Roberson (see Docket Memo)
2001 ND 204 Highlight: The Supreme Court will not consider questions that were not presented to the trial court and are raised for the first time on appeal. |
|
Interest of D.P. (Confidential)
2001 ND 203 Highlight: For hospitalization in a mental health case, the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative. |
|
State v. Baumgartner
2001 ND 202
Highlight: One cannot be an accomplice without having the requisite criminal intent for the underlying offense, even if he or she is a co-conspirator. |
|
State v. Barth (Consolidated w/20010110)
2001 ND 201
Highlight: A trial court has broad discretion in selecting a method to impanel a jury, if it permits the defendant to exercise peremptory challenges without embarrassment and does not intimidate him from exercising them. |
|
Heick v. Erickson
2001 ND 200 Highlight: In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting. |
|
Judicial Vacancy in the Northwest Judicial District
2001 ND 199 Highlight: Judgeship moved from Northwest to East Central Judicial District. |
|
Disciplinary Board v. Dooley
2001 ND 198 Highlight: Lawyer suspended from the practice of law for 30 days |
|
Security State Bank of ND v. Orvik
2001 ND 197 Highlight: The exception to the requirement to file crop liens applies to crop-share agreements and not to cash rent leases, and gives a landlord with an unrecorded crop-share agreement priority against subsequent purchasers or encumbrancers up to the landlord's share of the crops. |
|
State v. Gates (Cross-ref. w/940388)
2001 ND 196 Highlight: The trial court's denial of a motion to deem a class C felony theft conviction to be a misdemeanor under N.D.C.C. 12.1-32-02(9) is summarily affirmed under N.D.R.App.P. 35.1(a). |
|
Gaab v. Ochsner (CONFIDENTIAL)
2001 ND 195 Highlight: A party is not required to prove actual or imminent domestic violence in order to obtain an extension of an existing protection order. |
|
State v. Clark
2001 ND 194
Highlight: Failure to file a transcript may prevent a party from being successful on appeal. |
|
Toni v. Toni
2001 ND 193 Highlight: Agreements by divorcing parties to divest the trial court of jurisdiction to modify the amount and term of spousal support, which are adopted and incorporated into the divorce decree, are enforceable. |
|
Bellefeuille v. Bellefeuille
2001 ND 192
Highlight: A trial court does not abuse its discretion in denying a motion for relief from judgment, when the motion was made twenty-one years after the judgment was filed. |
|
Sommer v. Sommer
2001 ND 191
Highlight: Permanent spousal support may be awarded when a marriage has been of long duration and the dependant spouse has health problems or is of such an age that adequate rehabilitation is unlikely. |
|
State v. Kensmoe
2001 ND 190
Highlight: A trial court acts within its statutory authority when extending a defendant's probationary period following a restitution hearing. |
|
State v. Martin
2001 ND 189 Highlight: To be convicted of continual sexual abuse of a child, one must be shown to have engaged in three or more sexual acts or contacts during a period of three months or more. This period has no maximum time limit. |
|
Bell v. State
2001 ND 188
Highlight: A trial court may deny appointment of counsel for an indigent post-conviction applicant who is able to file an application without assistance, if the application, read in the light most favorable to the applicant, does not raise any substantial issue of law or fact. |
|
Lenthe Investments v. Service Oil, et al.
2001 ND 187
Highlight: Mutual assent to a contract is determined by the words of the contract and the parties' objective manifestations of assent. |
|
Fortis Benefits Ins. Co. v. Hauer
2001 ND 186
Highlight: If the language of an insurance policy is clear and explicit, the language should not be strained in order to impose liability upon the insurer. |
|
Gleich v. Gleich
2001 ND 185 |
|
State v. Johnson (Consolidated w/20010026 & 20010027)
2001 ND 184
Highlight: Lack of criminal responsibility is not an affirmative defense, and the nonexistence of the defense is an element of the offense which the State must prove beyond a reasonable doubt. |
|
Interest of D.R., et al. (CONFIDENTIAL)(Consolidated w/20010099)
2001 ND 183 Highlight: In deciding whether to terminate parental rights, the court can give substantial credence to evidence indicating a pattern of conduct by a parent that forms a basis for reasonable prediction the deprivation of the child is likely to continue and result in serious physical, mental, or emotional harm. |
|
DeCoteau v. Nodak Mutual Insurance Co. (Cross-reference w/19990100)
2001 ND 182 Highlight: When a named plaintiff whose individual claim becomes moot has not even moved for class action certification prior to evaporation of his personal stake in the lawsuit, the plaintiff may not avail himself of the class action exception to the mootness doctrine. |
|
Hellerud v. ND Dept. of Transportation
2001 ND 181 Highlight: Judgment of the district court affirming the decision of the Department of Transportation to revoke appellant's driver's license for refusing to submit to an on-site chemical screening test is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
|
Chadwick v. N.D. Dept. of Transportation
2001 ND 180 Highlight: A police officer has reasonable grounds to believe a person is in actual physical control of a vehicle when that person is found conscious in the driver's seat of an idling vehicle. |
|
Alerus Financial v. Lamb, et al. (CONSOLIDATED W/20010178)
2001 ND 179 Highlight: Summary judgments granting foreclosure of mortgages on rental properties are summarily affirmed under N.D.R.App.P. 35.1(a)(6). |
|
Dvorak v. Dvorak
2001 ND 178
Highlight: Trial courts may decline to consider arguments raised for the first time on a motion for reconsideration when those arguments could have been raised in earlier proceedings. |
|
Trottier v. Bird
2001 ND 177 Highlight: When a court lacks subject matter jurisdiction, it must dismiss the action under Rule 12(h)(3). |
|
McDowell v. McDowell
2001 ND 176
Highlight: Spousal support determinations must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay. |
|
City of Fargo v. Ellison
2001 ND 175
Highlight: Police should not be placed in a worse position then they occupied before the illegal search occurred. |
|
Voge v. Schnaidt
2001 ND 174 Highlight: An action for damages for an injury received in a collision of two boats on Lake Sakakawea is governed by the three-year statute of limitations in federal law, rather than the six-year limitation in state law. |
|
State v. Lynch
2001 ND 173 Highlight: The introduction of the state toxicologist's list of approved designations medically qualified to draw blood is a foundational requirement for the introduction of blood test results. |
|
Farmers Elevator, Inc. of Grace City v. Custom Processors, Inc.
2001 ND 172 Highlight: Judgment in a contract action summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
Bell v. State
2001 ND 171 Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7). |
|
Klein v. ND Workers Comp. Bureau, et al.
2001 ND 170 Highlight: The time period to file a claim for worker's compensation benefits begins on the first day a reasonable person, not learned in medicine, knew or should have known that the injury was work related. |
|
Schmidt v. Ward Co. S.S.B., et al. (CONSOLIDATED W/2001114)
2001 ND 169
Highlight: A conservatorship is a legal device similar to a trust under the law for determining medicaid eligibility. |
|
Dakota Partners v. Glopak, Inc., et al.
2001 ND 168 Highlight: A contract provision prohibiting "offset" is not a waiver of the defense of fraud in the procurement of the contract. |
|
Twogood v. Wentz, et al.
2001 ND 167
Highlight: Satisfaction of a cost judgment after an execution has been issued does not bar an appeal to reverse a summary judgment on the merits. |
|
Shiek v. ND Workers Comp., et al. (Cross-reference w/970333)
2001 ND 166 Highlight: Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date. |
|
City of Fargo v. Gullekson
2001 ND 165 Highlight: If the police have reasonable and articulable suspicion a vehicle is owned by a driver whose license is suspended, and have reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop could be made to determine if the crime of driving with a suspended license is being committed. |
|
State v. Gleeson
2001 ND 164 Highlight: Conviction for driving under suspension based on a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
City of West Fargo v. Ross
2001 ND 163 Highlight: If the police have a reasonable and articulable suspicion a certain moving vehicle belongs to a driver whose license is suspended, and the police have a reasonable and articulable suspicion the owner was driving the vehicle, an investigatory stop can be made to determine if the crime of driving with a suspended license is being committed. |
|
Davison v. Wanner
2001 ND 162 Highlight: The trial court's dismissal of this civil damages action for failure of proof summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
|
State v. Ballard
2001 ND 161 Highlight: Judgment of conviction for two counts of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
|
Stockert v. Stockert
2001 ND 160 Highlight: Denial of motion for change of custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
|
State v. Jensen (Cross-Ref. w/20010012, 13 & 14)
2001 ND 159 Highlight: Criminal conviction for failure to appear after release - bail jumping summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4). |
|
Disciplinary Board v. Gronneberg
2001 ND 158 Highlight: Lawyer suspended from the practice of law for one year following any application by him for licensure of an inactive attorney under Admission to Practice R. 7. |
|
Dickson v. Dickson (cross-ref. w/960237)
2001 ND 157
Highlight: A custodial parent proposing a move to another state is not required to first seek employment outside the general area. |
|
Warner and Company v. Solberg
2001 ND 156
Highlight: North Dakota's restraint of business statute prohibits an excessive restraint on a person's exercise of a lawful profession, trade, or business. |
|
Estate of Zimmerman (Consolidated w/20010002)
2001 ND 155
Highlight: Under the probate law in effect before January 1996, a surviving spouse's property is includable in the decedent's augmented estate to the extent the property was derived from the decedent without full consideration in money or money's worth. |
|
Rose v. United Equitable Ins. Co., et al.
2001 ND 154
Highlight: A fraud action is not barred by the passage of time until six years after discovery of the facts constituting the fraud. |
|
State v. Bouck (CONSOLIDATED W/20000347-20000348)(cross-ref. 20010045-46)
2001 ND 153 Highlight: When the law prescribes a place of imprisonment to which a convicted defendant can be sentenced, the court cannot direct a different place of incarceration, and, if it does, the sentence is void and the defendant is entitled to resentencing. |
|
Doan, et al. v. City of Bismarck, et al.
2001 ND 152
Highlight: Summary judgment rarely should be granted in negligence cases because issues involving reasonableness standards generally are inappropriate for summary disposition. |
|
McKenzie Co. Social Service Bd., et al. v. C.G. (CONFIDENTIAL)
2001 ND 151
Highlight: A judgment entered without personal or subject matter jurisdiction is void. |
|
State v. Wiest
2001 ND 150
Highlight: Without an objection to testimony at trial, appellate review is limited to determining if its admission constituted obvious error affecting substantial rights. |
|
Higgins v. Trauger (Consolidated w/20010074)
2001 ND 149
Highlight: When a failure to timely redeem from a tax sale is attributable in part to the neglect of the redemptioner, and not wholly to a mistake made by the county auditor, equitable principles do not apply to extend the redemption period. |
|
Stoppler v. Stoppler
2001 ND 148
Highlight: An award of custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous. |
|
Heinz v. Heinz
2001 ND 147
Highlight: A lengthy marriage supports an equal division of all marital assets. |
|
State v. Shafer-Imhoff
2001 ND 146
Highlight: Application of N.D.C.C. 1-02-17 to eliminate the punishment of imprisonment for a criminal statute that was repealed after the criminal act was committed but before conviction, is not an invalid pardon. |
|
Farmers Alliance Mutual Ins. Co. v. Hulstrand Construction, Inc.
2001 ND 145
Highlight: Absent concerted action, there is no third-party claim for contribution among tortfeasors under North Dakota law. |
|
Eggl v. Letvin Equipment Co.
2001 ND 144
Highlight: A trial court's determinations on questions of breach of warranty are treated as findings of fact subject to the clearly erroneous standard of N.D.R.Civ.P. 52(a). |
|
Interest of N.H., et al. (CONFIDENTIAL)
2001 ND 143
Highlight: Prognostic evidence is a basis for reasonable predictions about future behavior when determining whether a child's deprivation is likely to continue or will not be remedied. Prognostic evidence includes reports and opinions of professionals. |
|
Interest of H.G. (CONFIDENTIAL)
2001 ND 142
Highlight: A district court's involuntary commitment order is reviewed under a more probing clearly erroneous standard. |